Statutory Instruments
2010 No. 992
Customs
Intellectual Property
The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010
Made
25th March 2010
Laid before Parliament
26th March 2010
Coming into force
16th April 2010
The Commissioners for Her Majesty’s Revenue and Customs( 1 ) make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 2 ).
The Commissioners have been designated( 3 ) for the purposes of section 2(2) in relation to counterfeit and pirated goods, goods infringing a patent, goods infringing a supplementary protection certificate, goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights.
Citation and commencement
1. These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010 and come into force on 16th April 2010.
Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004
2. The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004( 4 ) are amended as follows.
3. In regulation 2(1), omit the definitions of—
(a) “Community design”;
(b) “Community plant variety right”;
(c) “design right”;
(d) “designation of origin”;
(e) “European patent (UK)”;
(f) “geographical designation”;
(g) “geographical indication”;
(h) “patent”;
(i) “plant breeders’ right”;
(j) “registered design”; and
(k) “supplementary protection certificate”.
4. In regulation 2(3), for “Article 2(3)”, substitute “Article 2” and, for “Article 3(1)”, substitute “Article 3”.
5. Omit regulations 4 and 6.
6. In regulation 7(1)( 5 )—
(a) for “regulation 4(1)(c)”, substitute “Article 9 of the Council Regulation”; and
(b) in paragraph (a), insert “be” between “may” and “destroyed”.
7. In regulation 7(5), for “regulation 4(1)(b)”, substitute “Article 9 of the Council Regulation”.
Dave Hartnett
Melanie Dawes
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th March 2010
The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
1972 c. 68 . Section 2(2) has been amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of the European Union (Amendment) Act 2008 (c. 7) .
S.I. 1995/751 (in relation to counterfeit and pirated goods), S.I. 1999/654 (in relation to goods infringing a patent and goods infringing a supplementary protection certificate), and S.I. 2004/706 (in relation to goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights).
S.I. 2004/1473 , amended by S.I. 2010/324 .
Regulation 7 was substituted by S.I. 2010/324 .